Sales and delivery conditions
1. Offer and order confirmation
Unless otherwise stated, any offer is only valid for one month from the date of the offer.
Only orders confirmed in writing are binding for DC-System.
Verbally agreed changes in the specifications of the products or parts in the order must be confirmed in writing by DC-System to be valid.
Those in catalogues, brochures, drawings etc. given descriptions and illustrations must be regarded as approximate and are not binding for DC-System. DC-System reserves the right to make changes here in line with technical development without prior notice.
The prices apply ex works, unless there are other written agreements.
3. Terms of payment
Net cash, where nothing else is available in writing.
If the due date for the payment is exceeded, 2% per started month in interest.
4. Shipping and Insurance
The buyer assumes the risk according to INCOTERMS.
DC-System determines the shipping method if they have to arrange shipping.
The buyer is obliged to check immediately after delivery that the delivery note and delivery correspond to the order placed, and must notify DC-System without undue delay of any deviations between the order and the delivery made. DC-System is not responsible for losses as a result of insufficient control or late complaints.
Transport and storage after the time of delivery, ex factory, takes place at the buyer’s responsibility and risk in every respect.
The buyer must store delivered goods appropriately and protected against damage. The buyer undertakes to keep the delivered insured, including storm and fire damage, and to take out insurance against any conceivable consequence of the destruction or damage of the delivered, including insurance against both direct and indirect loss.
5. Delivery times
Delivery time is given subject to strike, lockout or force majeure, including failure of delivery by DC-Systems’ sub-suppliers, based on similar conditions as stated above. The delivery time is calculated from the day on which the details regarding the delivery are agreed in writing.
Exceeding the delivery time, which is not demonstrably due to reasonable negligence on the part of DC-Systems, does not entitle the buyer to invoke the delay as breach of contract, and the buyer cannot thus terminate the contract, demand compensation, or assert other legal effects, in which case the buyer is not exempted from comply with the payment terms, regardless of exceeding the delivery time.
DC-System assumes no responsibility for consequential damages, including operating loss, loss of profit or other indirect losses as a result of delivery delays.
If the buyer does not take delivery by the agreed delivery time, payment must be made as if the delivery had been taken.
6. Drawings and descriptions
Drawings or other information provided by DC-System shall remain the property of DC-System. Engelsk Materialet må ikke gengives, kopieres eller videregives til tredje part uden DC-Systems skriftlige samtykke. The material may not be reproduced, copied or passed on to third parties without DC-Systems’ written consent.
Installation is assumed to be carried out in one go, i.e. without significant delays from other contractors.
At DC-Systems’ disposal, suitable lighting and sockets must be provided immediately at the workplace (220V – 10A for hand tools) as well as a truck/crane for unloading from a lorry, max. collie weight 2,500 kg.
The assembly site must be cleared and easily accessible, also for access by lorry and trailer.
If the conditions listed above under 7.1 to 7.3 are not met, DC-System is entitled to have the necessary work carried out at the buyer’s expense and risk, either by its own measures or through a third party, and the costs must be invoiced to the buyer.
8. Returned goods
Returned goods are only accepted after prior written agreement.
For 1 year after the delivery time, parts that prove to be unusable during this time, as a result of demonstrable defects in material, construction or workmanship, will either be renewed or, at DC-Systems discretion, repaired at DC-Systems’ factory . During the above-mentioned period, the buyer is barred from asserting other rights of default. This applies even if the error is due to negligence on the part of DC-Systems.
The above-mentioned provisions do not apply to the extent that the damage is due to natural wear and tear, incorrect operation or defective installation and assembly that was not carried out by DC-System.
When the delivered is changed without DC-System’s knowledge and consent, DC-System is not liable for the resulting costs or consequences and must also consider itself released from any other obligation.
Incompetent handling, natural wear and tear, faulty installation and assembly not carried out by DC-System do not entitle the buyer to raise any claim against DC-System.
Complaints regarding visible or immediately noticed faults must be received by DC-System in writing immediately after the fault has been identified.
10. Product liability
DC-System is liable to the extent that responsibility can be assigned to DC-System for damage to persons or things that is a result of defects or errors in delivered products and/or services. DC-System, however, under no circumstances assumes responsibility for loss of operation, loss of time, loss of profit or similar indirect loss.
DC-System, however, under no circumstances assumes responsibility for operating losses, lost profits or other consequential economic losses. The mentioned limitations in DC-System’s liability do not apply if it is a case of gross negligence. If a third party makes a claim against one of the parties for liability in accordance with this point, this party must immediately notify the other party.
The supplier and the buyer are mutually obliged to be sued in the court or arbitral tribunal which hears claims for damages brought against either of them on the basis of damage or loss allegedly caused by the delivery.
Disputes are settled according to Danish law and processed at DC-Systems’ court of jurisdiction in Denmark.